Lasting Powers of Attorney

We can’t predict the future, so the benefits of having Lasting Powers of Attorney (LPA) in place are clear. By making Lasting Powers of Attorney now, you can make sure that your affairs can be taken care of should you not be in a position to deal with matters yourself.

What is a Lasting Power of Attorney?

A Lasting Power of Attorney is a legal document appointing attorneys to act on your behalf in your best interests.  An LPA can only be made whilst you have mental capacity and must be registered with the Office of the Public Guardian. Once registered your attorneys have permission to act on your behalf.

There are two types of Lasting Power of Attorney:

Property and Finances LPA

Attorneys can be appointed to make decisions such as buying and selling property, managing bank accounts and claiming benefits etc. A Property and Financial Affairs LPA can be used while you still have your mental capacity.  This can be useful if you have mobility issues, or you are out of the country for long periods of time.

No one automatically has the authority to act for you, not even your spouse or children.  Without an LPA in place, you could find yourself in a situation where your bills are unpaid, and your accounts are frozen.  If you’re taken into care you may need to contribute to the cost of your care home fees. Your loved ones may not be able to access your accounts to help you.  Without an LPA in place, your family may have to apply to the Court of Protection for a Deputyship Order.  It can take anything up to 18 months before an application is granted. 

It is therefore important to protect yourself and your family by making a Lasting Power of Attorney for Property and Finance Affairs.

Health and Welfare LPA

Making decisions about your health and welfare can be difficult, especially if you become incapacitated. This could be due to an accident, illness, or simply old age.

By appointing attorneys under a Lasting Power of Attorney for Health and Welfare your attorneys can make decisions on your behalf.  This can include where you live, what medical treatment you receive, and what kind of support you need. There is a misconception that your partner, spouse, or other family members automatically have the right to do this.  This is not correct.  Without an LPA for Health and Welfare in place, your family may find themselves in difficulty. The responsibility for decision-making regarding any health and welfare matters could be left to your GP and/or the Local Authority. 

Register a Lasting Power of Attorney

For your attorneys to be able to act on your behalf, your Lasting Power of Attorney must be registered with the Office of the Public Guardian.  There is currently a court fee of £82 per application.  However, you may be eligible for a discounted fee or fee exemption if you qualify. 

It usually takes around 20 weeks for a Lasting Power of Attorney to be registered by the Court.  Once this has been granted the court will return the original document containing their seal which can then be used by your attorneys.